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The Corporation Of The Municipality Of West Elgin
By-Law No. 2018-70
Being a by-law regarding Property Standards in the Municipality of West Elgin
Whereas Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, as amended, provides that
a by-law may be passed by the Council of a municipality prescribing the standards for the
maintenance and occupancy of property within the municipality provided the official plan for
the municipality includes provisions relating to property conditions; and
Whereas the Official Plan for The Municipality of West Elgin includes provisions relating to
property conditions; and
Whereas the Council of The Municipality of West Elgin is desirous of passing a by-law under
Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, as amended; and
Whereas Section 15.6(1) of the Building Code Act, S.O. 1992, c.23, as amended requires that a
by- law passed under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23 shall provide for
the establishment of a Property Standards Committee;
Now Therefore the Council of The Municipality of West Elgin hereby enacts the following:
Part I
General
1.01 This By-law may be cited as the "Property Standards By-Law".
1.02 In this By-law, the word "shall" is mandatory and not discretionary, words in the plural
include the single number and words in the present tense include the future tense.
1.03 The provisions of this By-law shall apply to all properties within the boundaries of the
Corporation of the Municipality of West Elgin.
1.04 No property within the Municipality of West Elgin shall be used and no building or structure
shall be erected, altered, enlarged, maintained or used for any purpose except in
conformity with the provisions of this By-law.
Part II
Definitions
In this by-law:
2.01 "Accessory Building" means a detached building or structure, not used for human
habitation that is subordinate to the primary use of the same property.
2.02 "Apartment Dwelling" means a building containing more than four dwelling units with
individual access from an internal corridor system.
2.03 "Approved" means acceptance by the By-Law Enforcement/Property Standards Officer.
2.04 "Basement" means that portion of a building between two floor levels which is partly below
finished grade level but which has fifty percent (50%) or more of its height from finished floor
to finished ceiling above grade level.
2.05 "Bathroom" means a room containing a bathtub or shower with or without a water closet
and basin.
2.06 "Boarding House" means any house or building or portion thereof in which the proprietor
supplies for hire or gain, lodgings with or without meals, to other persons.
2.07 "Cellar" means that portion of a building between two floor levels which has more than fifty
percent (50%) of its height from finished floor to finished ceiling below adjacent grade level.
2.08 "Committee" means the Property Standards Committee herein established pursuant to the
authority of Section 15.6 of the Building Code Act.
2.09 "Crawl Space" means an enclosed space between the underside of a floor assembly and
the ground cover directly below, with a clearance less than 1.8 M (5' 11") in height.
2.10 "Commercial Property" means a property used for the sale of goods or services and for
the purposes of this By-law shall include office buildings, public halls, licensed premises and
private clubs, and any building that is used in conjunction with commercial uses.
2.11 "Dwelling" means a building or structure or part of a building or structure, occupied or
capable of being occupied, for the purpose of human habitation.
2.12 "Dwelling Unit" means a room or a suite of rooms operated as a housekeeping unit, used
or intended to be used by one or more persons and supporting general living conditions
usually including cooking, eating, sleeping, and sanitary facilities.
2.13 "Finished Grade Level" means the average elevation of the finished surface of the ground
abutting the external walls of a building or structure, exclusive of any embankment in lieu of
steps.
2.14 "Fire-Resistance Rating" means time in hours or parts thereof that a material, construction
or assembly will withstand fire exposure, as determined in a fire test made in conformity with
generally accepted standards or as determined by extension or interpolation of information
derived therefrom.
2.15 "First Story" means that part of a building having a floor area closest to grade with a
ceiling height of more than 1.8 M (5' 11") above grade.
2.16 "Guard" means a protective barrier installed around openings in floor areas or on the open
sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised walkway, and
other locations as required to prevent accidental falls from one level to another. Such
barriers may or may not have openings through them.
2.17 "Habitable Room" means any room in a dwelling unit used for or capable of being used for
living, cooking, sleeping or eating purposes.
2.18 "Industrial Property" means a property for the manufacturing or processing of goods or
used for the storage of goods or raw materials and any property that is used in conjunction
with these uses.
2.19 "Lot" means a parcel of land which has continuous frontage on a street, the boundaries of
which are defined in the last registered instrument by which legal or equitable title to the said
parcel was lawfully and effectively conveyed.
2.20 "Lot Line Front" means a lot line that divides a lot from a street, provided that in the case
of a corner lot, the shorter lot line that abuts a street shall be deemed to be the front lot line
and the longer lot line that so abuts shall be deemed to be the side lot line of the lot.
2.21 "Lot Line Rear" means the lot line opposite the front lot line.
2.22 "Lot Line Side" means any lot lines other than the front lot line and the rear lot line.
2.23 "Means of Egress" means a continuous, unobstructed path of travel provided by a
doorway, hallway, corridor, exterior passage way, balcony, lobby, stair, ramp, or other exit
facility used for the escape of persons from any point within a building, a floor area, a room,
or a contained open space to a public thoroughfare or an approved area of refuge usually
located outside the building.
2.24 "Multiple Dwelling" means a building containing three (3) or more dwelling units.
2.25 "Motor Vehicle" means any form of transportation for humans, designed to be propelled or
driven otherwise than by muscular power, but does not include the cars of electric or steam
railways or other motor vehicles running upon rails.
2.26 "Non-Habitable Room" means any room in a dwelling or dwelling unit other than a
habitable room and includes a bathroom, a toilet room, laundry, pantry, lobby, corridor,
stairway, closet, boiler room, or other space for service and maintenance of the dwelling for
public use, and for access to and vertical travel between storeys, and basement or part
thereof which does not comply with the standards of fitness for occupancy set out in this By-
law.
2.27 "Non-Residential Property" means a building or structure or part of a building or structure
not occupied in whole or in part for the purpose of human habitation, and includes the lands
and premises appurtenant and all of the outbuildings, fences or erections thereon or therein.
2.28 "Occupant" means any person or persons over the age of eighteen (18) years in
possession of a property.
2.29 "Owner" includes the person for the time being managing or receiving the rent of the land
or premises in connection with which the word is used whether on his own account or as
agent or trustee of any other person or who would so receive the rent if such land and
premises were let and shall also include a lessee or occupant of the property who, under
the terms of a lease, is required to repair and maintain the property in accordance with the
standards for the maintenance and occupancy of property, and includes the assessed
owner and, for the purposes of this By-law, all persons shown by the records in the Registry
Office or the Land Titles Office, to have an interest in said property.
2.30 "Person" means an individual, firm, corporation, association or partnership.
2.31 "Property Standards Officer" means any Property Standards Officer or By-Law
Enforcement Officer who may, from time to time, be appointed by the Council of the
Corporation of the Municipality of West Elgin to administer and enforce this By-law.
2.32 "Property" means a building or structure or part of a building or structure and includes the
lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile
structures, outbuildings, fences, retaining walls and erections thereon whether heretofore or
hereafter erected and includes vacant property.
2.33 "Repair" includes the provision of such facilities and the making of additions or alterations
or the taking of such action as may be required so that the property shall conform to the
standard established in this By-law. All new construction or repairs shall conform to the
Ontario Building Code, Ontario Fire Code and the Fire Prevention and Protection Act where
applicable.
2.34 "Residential Property" means any property that is used or designed for use as a domestic
establishment in which one or more persons usually sleep and prepare and serve meals,
and includes any lands or buildings that are appurtenant to such establishment and all
stairways, walkways, driveways, parking spaces, and fences associated with the dwelling or
its yard.
2.35 "Sewage System"
(a) "Sanitary Sewer" means a sewer, the purpose of which is to carry sewage and to which storm
and surface water shall not be admitted.
(b) "Storm Sewer" means a sewer, the purpose of which, as certified by the Municipality, is to
carry storm and surface water and drainage, but not sewage.
(c) "Sewage" means any one or any combination of sanitary sewage or industrial wastes or both.
(d) "Private Disposal System" means a system designed for the collection and disposal of
sanitary sewage on private property and approved by the Medical Officer of Health.
(e) "Plumbing System" means, severally and individually, the water distribution system, all
fixtures and fixture traps, drainage system, the building sewer and private sewage disposal
system, all leaders, together with all their devices, appurtenances and connections.
2.36 "Standards" means the standards of the physical condition and of occupancy prescribed
for property by this By-Law.
2.37 "Street" means a public highway which affords a principal means of access to abutting
lots.
2.38 "Toilet Room" means a room containing a water closet and a wash basin.
2.39 "Walk" means a route of access surfaced with gravel, stone, wood, asphalt, cement or
other similar material approved by the Property Standards Officer.
2.40 "Wall, Main (Main Wall)" means an outside wall of a building which supports a roof and
shall include a wall under a gable end.
2.41 "Yard" means the land other than publicly owned land around or appurtenant to the whole
or any part of a residential or non-residential property and used or capable of being used
in connection with the property.
Part III
General Standards For All Property
3.01 All repairs and maintenance of property shall be carried out with suitable and sufficient
materials and in a manner accepted as good workmanship within the trades concerned. All
new construction or repairs shall conform to the Ontario Building Code, Ontario Fire Code
and the Fire Prevention and Protection Act where applicable.
3.02 Yards
3.02.1 Every yard, including vacant lots shall be kept clean and free from:
(1) rubbish, garbage, debris, and from objects or conditions that might create a
health, fire or accident hazard;
(2) heavy undergrowth and noxious plants, as defined by the Weed Control Act;
including but not limited to ragweed, poison ivy, poison oak and poison sumac
and shall be eliminated from any yard;
(3) grass or weeds growing to a height or standing at a height in excess of 20 cm
(8 ") on any property;
(4) dilapidated, collapsed or partially constructed structures which are not currently
under construction;
(5) injurious insects, termites, rodents, vermin or other pests;
(6) dead, decayed or damaged trees in an unsafe condition or other natural
growth;
(7) dead, decayed or decaying carrion, fowl or fish etc.
3.02.2 No yard shall be used for the parking or storage of;
(1) a motor vehicle which is not operative or which is not currently licensed
pursuant to the provisions of the Highway Traffic Act or amendments thereto
for the Province of Ontario, or
(2) a motor vehicle which has had part or all of its superstructure or source of
motor power removed
(3) any vehicle, boat, trailer or part of any vehicle, boat or trailer, which is in a
wrecked, discarded, dismantled, partly dismantled, or abandoned condition
shall not be stored or left in a yard, but this shall not prevent the occupant of
any premises from repairing a vehicle for his own use and not for commercial
purposes while such repair is actively carried on.
Surface Conditions
3.03 Surface conditions of yards shall be maintained so as to:
(1) prevent ponding of storm water;
(2) prevent instability or erosion of soil;
(3) prevent surface water run-off from entering basements;
(4) not exhibit an unsightly appearance;
(5) be kept free of garbage and refuse;
(6) be kept free of deep ruts and holes;
(7) provide for safe passage under normal use and weather conditions, day or night; and
(8) not to create a nuisance to other property.
Sewage and Drainage
3.04 Sewage or organic waste and gray water shall be discharged into a sewage system where
such a system exists, where a sewage system does not exist, sewage or organic waste
shall be disposed of in a manner acceptable to the Southwestern Public Health.
3.05 Sewage of any kind shall not be discharged onto the surface of the ground, whether into a
natural or artificial surface drainage system or otherwise.
3.06 Roof drainage shall not be discharged onto sidewalks, stairs, or adjacent property.
Parking Areas, Walks and Driveways
3.07 All areas used for vehicular traffic and parking shall have a surface covering of asphalt,
concrete, or compacted stone or gravel and shall be kept in good repair, free of dirt and
litter.
3.08 Steps, walks, driveways, parking spaces and other similar areas shall be maintained so as
to afford safe passage under normal use and weather conditions day or night.
Accessory Buildings, Fences and Other Structures
3.09 Accessory buildings, fences and other structures appurtenant to the property shall be
maintained in structurally sound condition and in good repair.
3.10
Accessory buildings, fences, and other structures shall be protected from deterioration by
the application of appropriate weather resistant materials including paint or other suitable
preservative and shall be of uniform colour unless the aesthetic characteristics of said
structure are enhanced by the lack of such material.
Garbage Disposal
3.11 Every building, dwelling, and dwelling unit shall be provided with a sufficient number of
suitable receptacles to contain all garbage, refuse and ashes that may accumulate on the
property between the regularly designated collection days. Such receptacles shall be
constructed of watertight material, provided with a tight fitting cover, and shall be
maintained in a clean and odour free condition at all times.
3.12 All garbage, refuse, and ashes shall be promptly placed in a suitable container and made
available for removal in accordance with the municipal garbage collection schedule.
3.13 Garbage storage areas shall be screened from public view.
Compost Heaps
3.14 The occupant of a residential property may provide for a compost heap in accordance with
the health regulations, provided that the compost pile is no larger than one square metre
and 1.8 M (5' 11") in height and is enclosed on all sides by concrete block, or lumber, or in
a 205 litre (45 gallon) container, a metal frame building with a concrete floor, or a
commercial plastic enclosed container designed for composting.
Part IV
Residential Standards
General Conditions
4.01 Every tenant, or occupant or lessee of a residential property shall maintain the property or
part thereof and the land which they occupy or control, in a clean, sanitary and safe
condition and shall dispose of garbage and debris on a regular basis, in accordance with
municipal by-laws.
4.02 Every tenant, or occupant or lessee of a residential property shall maintain every floor,
wall, ceiling and fixture, under their control, including hallways, entrances, laundry rooms,
utility rooms, and other common areas, in a clean, sanitary and safe condition.
4.03
Accumulations or storage of garbage, refuse, appliances, or furniture in a means of egress
shall not be permitted.
Pest Prevention
4.04 Dwellings shall be kept free of rodents, vermin and insects at all times. Methods used for
exterminating such pests shall be in accordance with the provisions of the Pesticides Act,
R.S.O, 1990, as amended.
4.05 Openings, including windows, that might permit the entry of rodents, insects, vermin or
other pests shall be appropriately screened or sealed.
Structural Soundness
4.06 Every part of a dwelling shall be maintained in a structurally sound condition so as to be
capable of safely sustaining its own weight load and any additional load to which it may be
subjected through normal use, having a level of safety as required by the Ontario Building
Code.
4.07 Walls, roofs, and other exterior parts of a building shall be free from loose or improperly
secured objects or materials.
4.08 Basement Floors:
a) A basement, cellar or crawl space which is not served by a stairway leading from a
dwelling or from outside a dwelling may have a dirt floor provided it is covered with a
moisture-proof covering.
b) A basement or cellar or in any building erected or altered after the passing of this By-
law which is served by a stairway leading from a dwelling or from outside a dwelling
shall have a concrete floor.
Foundations
4.09 Foundation walls of a dwelling shall be maintained so as to prevent the entrance of insects,
rodents and excessive moisture. Maintenance includes the shoring of the walls to prevent
settling, installing sub soil drains, where necessary, at the footings, grouting masonry
cracks, damp proofing and waterproofing walls, joints, and floors.
4.10 Every dwelling, except for slab on grade construction, shall be supported by foundation
walls or piers which extend below the frost-line, or to solid rock.
Exterior Walls
4.11 Exterior walls of a dwelling and their components, including soffits, fascia, shall be
maintained in good repair free from cracked, broken or loose masonry units, stucco, and
other defective cladding, or trim. Paint or some other suitable preservative or coating must
be applied and maintained so as to prevent deterioration due to weather conditions,
insects or other damage.
4.12 Exterior walls of a dwelling and their components shall be free of unauthorized signs,
painted slogans, graffiti and similar defacements.
Windows and Doors
4.13 Windows, doors, skylights, and basement or cellar hatchways shall be maintained in good
repair, weather tight and reasonably draught-free, to prevent heat loss and infiltration by
the elements. Maintenance includes painting, replacing damaged doors, frames and other
components, window frames, sashes and casings, replacement of non-serviceable
hardware and re-glazing where necessary. Where screening is provided on windows and
doors it shall also be maintained in good repair.
4.14 In a dwelling unit, all windows that are intended to be opened and all exterior doors shall
have suitable hardware so as to allow locking or otherwise securing from inside the
dwelling unit. All entrance doors to a dwelling unit/habitable space shall have dead bolts so
as to permit locking or securing from either inside or outside the dwelling unit.
4.15 Solid core doors shall be provided for all entrances to dwellings and dwelling units.
4.16 In residential buildings where there is a voice communication unit working in conjunction
with a security locking and release system controlling a particular entrance door and
installed between individual dwelling units and a secured entrance area, the said system
shall be maintained in good working order at all times.
4.17 Every window in a leased dwelling unit that is located above the first storey of a multiple
dwelling shall be equipped with an approved safety device that would prevent any part of
the window from opening greater than would permit the passage of a 100 mm (4")
diameter sphere. Such safety device shall not prevent the window from being fully opened
during an emergency situation by an adult without the use of tools.
Roofs
4.18 Roofs of dwellings and their components shall be maintained in a weather tight condition,
free from loose or unsecured objects or materials.
4.19 The roofs of dwellings and accessory buildings shall be kept clear of unsafe accumulations
of ice or snow or both.
4.20 Where eaves toughing, roof gutters, are provided they shall be kept in good repair, free
from obstructions and properly secured to the building.
Walls, Ceilings and Floors
4.21 Every wall, ceiling and floor in a dwelling shall be maintained so as to provide a continuous
surface free of holes, cracks, loose coverings or other defects. Walls surrounding showers
and bathtubs shall be impervious to water.
4.22 Every floor in a dwelling shall be reasonably smooth and level and maintained so as to be
free of all loose, warped, protruding, broken, or rotted boards or other material that might
cause an accident or allow the entrance of rodents and other vermin or insects.
4.23 Every floor in a bathroom, toilet room, kitchen, shower room, and laundry room shall be
maintained so as to be impervious to water and readily cleaned.
Stairs, Porches and Balconies
4.24
Inside and outside stairs, porches, balconies and landings shall be maintained so as to
be free of holes, cracks, and other defects which may constitute accident hazards.
Existing stair treads or risers that show excessive wear or are broken, warped or loose
and any supporting structural members that are rotted or deteriorated shall be repaired or
replaced.
Guardrails
4.25
A guard shall be installed and maintained in good repair on the open side of any stairway
or ramp containing three (3) or more risers including the landing or a height of 600 mm
(24") between adjacent levels. A handrail shall be installed and maintained in good repair
in all stairwells. Guardrails shall be installed and maintained in good repair around all
landings, porches, balconies. Guardrails, balustrades and handrails shall be constructed
and maintained rigid in nature.
Kitchens
4.26 Every dwelling shall contain a kitchen area equipped with:
a) a sink that is served with hot and cold running water and is surrounded by surface
impervious to grease and water;
b) suitable storage area of not less than 0.23 cubic metres (8 cubic feet);
c) a counter or work area at least 600 mm (24") in width by 1,200 mm (48") in length,
exclusive of the sink, and covered with a material that is impervious to moisture and
grease and is easily cleanable; and
d) a space provided for cooking and refrigeration appliances including the
suitable electrical or gas connections.
Toilet and Bathroom Facilities
4.27 Every dwelling unit shall contain a bathroom consisting of at least one fully operational
water closet, wash-basin, and a bathtub or suitable shower unit. Every wash-basin and
bathtub or shower shall have an adequate supply of hot and cold running water. Every
water closet shall have a suitable supply of running water.
4.28 Every required bathroom or toilet room shall be accessible from within the dwelling unit
and shall be fully enclosed and provided with a door capable of being locked so as to allow
privacy for the persons using said room.
4.29 Where toilet or bathroom facilities are shared by occupants of residential accommodation,
other than self-contained dwelling units, an appropriate entrance shall be provided from a
common passageway, hallway, corridor or other common space to the room or rooms
containing the said facilities.
Plumbing
4.30
Each wash-basin, a bathtub or shower, and one kitchen sink shall be equipped with an
adequate supply of hot and cold running water. Hot water shall be supplied at a
temperature of not less than 43 degrees Celsius (110°F).
4.31 Every dwelling unit shall be provided with an adequate supply of potable running water
from a source approved by the Medical Officer of Health.
4.32 All plumbing, including drains, water supply pipes, water closets and other plumbing
fixtures shall be maintained in good working condition free of leaks and defects and all
water pipes and appurtenances thereto shall be protected from freezing.
4.33 All plumbing fixtures shall be connected to the sewerage system through water seal traps.
4.34 Every fixture shall be of such materials, construction and design as will ensure that the
exposed surface of all parts are hard, smooth, impervious to hot and cold water, readily
accessible for cleansing and free from blemishes, cracks, stains, or other defects that may
harbour germs or impede thorough cleansing.
Electrical Service
4.35
Every dwelling and dwelling unit shall be wired for electricity and shall be connected to an
approved electrical supply system.
4.36
The electrical wiring, fixtures, switches, receptacles, and appliances located or used in
dwellings, dwelling units and accessory buildings shall be installed and maintained in
good working order so as not to cause fire or electrical shock hazards. All electrical
services shall conform to the regulations established by the Power Corporations Act, as
amended.
4.37 Every habitable room in a dwelling shall have at least one electrical duplex outlet for each
11.1 square metres (120 sq. ft.) of floor space and for each additional 9.3 square metres
(100 sq. ft.) of floor area, a second duplex outlet shall be provided. Extension cords shall
not be used on a permanent basis.
4.38 Every bathroom, toilet room, kitchen, laundry room, furnace room, basement, cellar and
non-habitable work or storage room shall be provided with a permanent light fixture.
4.39 Lighting fixtures and appliances installed throughout a dwelling unit, including hallways,
stairways, corridors, passage ways, garages and basements, shall provide sufficient
illumination so as to avoid health or accident hazards in normal use.
Heating, Heating Systems, Chimneys and Vents
4.40 Every dwelling and building containing a residential dwelling unit or units shall be provided
with suitable heating facilities capable of maintaining an indoor ambient temperature of 21
degrees Celsius (70°F.) in the occupied dwelling units. The heating system shall be
maintained in good working condition so as to be capable of safely heating the individual
dwelling unit to the required standard.
4.41 All fuel burning appliances, equipment, and accessories in a dwelling shall be installed and
maintained to the standards provided by the Energy Act, as amended or other applicable
legislation.
4.42 Where a heating system or part thereof that requires solid or liquid fuel to operate, a place
or receptacle for such fuel shall be provided and maintained in a safe condition and in a
convenient location so as to be free from fire or accident hazard.
4.43 Every dwelling shall be so constructed or otherwise separated to prevent the passage of
smoke, fumes, and gases from that part of the dwelling which is not used, designed or
intended to be used for human habitation into other parts of the dwelling used for
habitation. Such separations shall conform to the Ontario Building Code.
4.44 All fuel burning appliances, equipment, and accessories in a dwelling shall be properly
vented to the outside air by means of a smoke-pipe, vent pipe, chimney flue or other
approved method.
4.45 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good
repair so as to prevent the escape of smoke, fumes or gases from entering a dwelling
unit. Maintenance includes the removal of all obstructions, sealing open joints, and the
repair of loose or broken masonry units.
4.46 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good
condition so as to prevent the heating of adjacent combustible material or structural
members to unsafe temperatures.
Fire Escapes, Alarms and Detectors
4.47 A listed fire alarm and a fire detection system, approved by the Canadian Standards
Association or Underwriters Laboratories of Canada, shall be provided by the owners of
buildings of residential occupancies where sleeping accommodations are provided for
more than ten (10) persons, except that such systems need not be provided where a
public corridor or exit serves not more than four (4) dwelling units or individual leased
sleeping rooms.
4.48 In addition to the provisions of Article 4.47 hereof, in every dwelling unit in a building, a
listed smoke alarm, approved by the Canadian Standards Association or Underwriters
Laboratories of Canada, or detectors of the single station alarm type, audible within
bedrooms when intervening doors are closed, shall be installed by the occupant between
bedrooms or the sleeping area and the remainder of the dwelling unit, such as in a
hallway or corridor serving such bedrooms or sleeping area. The products of combustion
detector referred shall be:
a) equipped with visual or audio indication that they are in operating condition;
b) mounted on the ceiling or on a wall between 152.4 and 304.8 mm (6 to 12") below the
ceiling.
4.49 Buildings using a fire escape as a secondary means of egress shall have the
escape in good condition, free from obstructions and easily reached through an
operable window or door.
Egress
4.50
Every dwelling and each dwelling unit contained therein shall have a safe, continuous
and unobstructed passage from the interior of the dwelling and the dwelling unit to the
outside at street or grade level.
4.51 Each dwelling containing more than one dwelling unit shall have at least two (2) exits,
both of which may be common or the one of which may be common and the other may
be an exterior stair or fire escape. Access to the stairs or fire escape shall be from
corridors through doors at floor level, except access from a dwelling unit may be
through a vertically mounted casement window having an unobstructed opening of not
less than 1,067 by 559 mm, (42 x 22") with a sill height of not more that 914mm, (36
inches), above the inside floor. A single exit is permitted from a dwelling unit where the
path of egress is through an exterior door located at or near ground level and access to
such exit is not through a room not under the immediate control of the occupants of the
dwelling unit.
Natural Light
4.52 Every habitable room except a kitchen, bathroom or toilet room shall have a window or
windows, skylights or translucent panels facing directly or indirectly to an outside space
and admits as much natural light equal to not less than ten percent of the floor area for
living and dining rooms and five percent of the floor area for bedrooms and other
finished rooms.
Ventilation
4.53
Every habitable room in a dwelling unit, including kitchens, bathroom or toilet rooms,
shall have openings for ventilation providing an unobstructed free flow of air of at least
0.28 square metres (3 sq. ft.), or an approved system of mechanical ventilation such
that provide hourly air exchanges.
4.54
All systems of mechanical ventilation shall be maintained in good working order.
4.55 All enclosed areas including basements, cellars, crawl spaces and attics or roof spaces
shall be adequately ventilated.
Elevating Devices
4.56 Elevators and other elevating devices including all mechanical and electrical equipment,
lighting fixtures, lamps, control buttons, floor indicators, ventilation fans, and emergency
communication systems shall be operational and maintained in good condition.
Disconnected Utilities
4.57 Owners of residential buildings or any person or persons acting on behalf of such owner
shall not disconnect or cause to be disconnected any service or utility supplying heat,
electricity, gas, refrigeration or water to any residential unit or building occupied by a
tenant or lessee, except for such reasonable period of time as may be necessary for the
purpose of repairing, replacing, or otherwise altering said service or utility.
Occupancy Standards
4.58 The number of occupants, residing on a permanent basis in an individual dwelling unit,
shall not exceed one person for every 9 square metres (97 sq. ft.), of habitable floor area.
For the purpose of computing habitable floor area, any area with the minimum ceiling
height less than 2.1 metres (7 ft.) shall not be considered.
4.59 No room shall be used for sleeping purposes unless it has a minimum width of 2 metres
(6.6 ft.), and a floor area of at least 7 square metres (75 sq. ft.). A room used for sleeping
purposes by two or more persons shall have a floor area of at least 4 square metres (43
sq. ft.) per person.
4.60 Any basement, or portion thereof, used as a dwelling unit shall conform to the following
requirements:
(a)
each habitable room shall comply with all the requirements set out in this By-Law;
(b)
floors and walls shall be constructed so as to be damp proof and impervious to
water leakage;
(c)
each habitable room shall be separated from service rooms by a suitable fire
separation and approved under the Ontario Building Code;
(d)
access to each habitable room shall be gained without passage through a service
room.
Part V
Vacant Lands and Buildings
5.01 All repairs and maintenance of property shall be carried out with suitable and sufficient
materials and in a manner accepted as good workmanship within the trades concerned. All
new construction or repairs shall conform to the Ontario Building Code where applicable.
Vacant Lands
5.02 Vacant land shall be maintained to the standards as described in Part III, Article 3.02, of
this By-Law.
5.03 Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent ponding
of water.
Vacant Buildings
5.04 Vacant buildings shall be kept cleared of all garbage, rubbish and debris and shall have all
water, electrical and gas services turned off except for those services that are required for
the security and maintenance of the property.
5.05 The owner or agent of a vacant building shall board up the building to the satisfaction of
the Property Standards Officer by covering all openings through which entry may be
obtained with at least 12.7 mm (0.5 inch) weatherproof sheet plywood securely fastened to
the building and painted a colour compatible with the surrounding walls.
Part VI
Non-Residential Property Standards
6.01
All repairs and maintenance of property shall be carried out with suitable and sufficient
materials and in a manner accepted as good workmanship within the trades concerned. All
new construction or repairs shall conform to the Ontario Building Code where applicable.
Yards
6.02 The yards of non-residential property shall be maintained to the standards as described in
Part III, Article 3.02 of this By-Law.
6.03 The warehousing or storage of material or operative equipment that is required for the
continuing operation of the industrial or commercial aspect of the property shall be
maintained in a neat and orderly fashion so as not to create a fire or accident hazard or
any unsightly condition and shall provide unobstructed access for emergency vehicles.
Where conditions are such that a neat and orderly fashion is achieved but is still offensive
to view, the offensive area shall be suitably enclosed by a solid wall or a painted board or
metal fence not less than 1.8 metres (6 ft.) in height and maintained in good repair.
(a)
In accordance with 6.03, storage of materials shall include, but not be limited to,
dead or decaying animals which must be stored in a suitable receptacle approved
by the By-law Enforcement Officer until such material can be disposed of in a
sanitary fashion. Such practices shall be limited to agricultural zones only.
Parking Areas, and Driveways
6.04
All areas used for vehicular traffic and parking shall have a surface covering of asphalt,
concrete, or compacted stone or gravel and shall be kept in good repair, free of dirt and
litter. Notwithstanding the foregoing, non-residential properties which abut residential
properties, all areas used for vehicular traffic and parking shall have a surface covering of
asphalt, or similar hard surface.
6.05
All areas used for vehicular traffic, parking spaces and other similar areas shall be
maintained so as to afford safe passage under normal use and weather conditions.
Structural Soundness
6.06 Every part of a building structure shall be maintained in a sound condition so as to be
capable of safely sustaining its own weight load and any additional load to which it may be
subjected through normal use, having a level of safety required by the Ontario Building
Code. Structural members or materials that have been damaged or indicate evidence of
deterioration shall be repaired or replaced.
6.07
Walls, roofs, and other exterior parts of a building or structure shall be free from loose or
improperly secured objects or materials.
Exterior Walls
6.08
Exterior walls of a building or a structure and their components, including soffits, fascia,
windows and doors, shall be maintained in good repair free from cracked, broken or
loose masonry units, stucco, and other defective cladding, or trim. Paint or some other
suitable preservative or coating must be applied and maintained so as to prevent
deterioration due to weather conditions, insects or other damage.
6.09
Exterior walls of a building or a structure and their components, shall be free of
unauthorized signs, painted slogans, graffiti and similar defacements.
Guardrails
6.10 A guard shall be installed and maintained in good repair on the open side of any stairway
or ramp containing three (3) or more risers including the landing or a height of 600 mm
(24") between adjacent levels. A handrail shall be installed and maintained in good repair
in all stairwells. Guardrails shall be installed and maintained in good repair around all
landings, porches, balconies. Guardrails, balustrades and handrails shall be constructed
and maintained rigid in nature.
Lighting
6.11 All non-residential establishments shall install and maintain sufficient windows, skylights,
and lighting fixtures necessary for the safety of all persons attending the premises or as
may be required by the Occupational Health and Safety Act for industrial and commercial
properties. Lighting shall not be positioned so as to cause any impairment of use or
enjoyment of neighbouring properties.
Part VII
Duties of Property Standards Officers
7.01 Property Standard Officers shall:
(i) enforce the provisions of this By-law;
(ii) perform all duties and shall have such powers and responsibilities as are
contained and outlined in the Ontario Building Code Act, S.O. 1992, c23, from
time to time.
Part VIII
Municipality Empowered to Repair
8.01 Upon the default of an owner or occupant to effect a repair of demolition within the time
and in the manner specified in an order which is final and binding, the Municipality of
West Elgin may enter upon the lands and premises affected by the order, do the work
directed to be done in the said order and recover its expenses as provided in the Building
Code Act S.O. 1992, c23.
8.02 If, upon inspection of a property, the Municipality of West Elgin or its agents, officers or
employees takes or causes to be taken any measures necessary to terminate any
immediate danger to the health or safety of any person, the expenses of the Municipality
of West Elgin may be recovered as provided in the Building Code Act S.O. 1992, c23.
Part IX
Administration and Enforcement
9.01
This By-law shall apply to all property within the limits of the municipality.
9.02
The imperial measurements contained in this By-law are given for reference only.
9.03
No person shall use or occupy, or being the owner thereof or his agent, shall allow
to be used or occupied, any building on any property unless such property conforms
to the standards prescribed herein, nor shall an owner or his agent permit the
accumulation of debris or rubbish on yards as herein defined in contravention of the
standards prescribed in this By-law.
9.04
No person shall use or permit anyone to use any property that does not conform to
the standards of this By-law.
9.05
No owner shall fail to maintain any property in a suitable condition to conform to the
standards of this By-law.
9.06
The administration and enforcement of this By-law is the responsibility of the By-
Law Enforcement/Property Standards Officer, the Building Inspector of the
Municipality of West Elgin or such other persons as may be appointed to that
position by the Council of the Municipality of West Elgin.
Officers
9.07
The Council of the municipality shall appoint a By-Law Enforcement/Property
Standards Officer(s) to be responsible for the administration and enforcement of this
By-Law.
Property Standards Committee
9.08 Property Standards Committee is hereby established to review the order issued by an
officer pursuant to section 15.6 of the Ontario Building Code Act, S.O. 1992, c23. The
Committee shall be composed of all of Council (one of which shall act as chairman). The
Clerk shall act as secretary for the Property Standards Committee. Meetings of this
Committee shall be called and conducted as needed.
9.09 When an appeal has been taken, the Committee shall hear the appeal within twenty- one
(21) days of the date of receipt of the notice of appeal and shall have all the powers and
functions of the By-Law Enforcement/Property Standards Officer and may confirm the
order to demolish or repair or may modify or quash it or may extend the time for
complying with the order provided that, in the opinion of the Committee, the general
intent and purpose of the By-law and of the Official Plan are maintained.
9.10 The Corporation or any owner, occupant or other person affected by a decision of the
Committee shall have a right to appeal such decision in the manner and within the time
provided for such appeal under Sect 15.3-(4) of the Ontario Building Code Act.
9.11 Every person who initiates an appeal of an Order made under Section 15.2 (2) of the
Ontario Building Code Act, S.O. 1992, c23, shall submit a Notice of Appeal in the time
frame and the manner as prescribed in Section 15.3 (1) of the Act. All Notices of Appeal
shall be accompanied by a non-refundable payment of $125.00 dollars.
Compliance
9.12
The owner of any property that does not conform to the standards as set out in this By-
law shall repair and /or maintain said property to comply with the standards or the
property shall be cleared of all buildings, structures, debris or refuse and left in a levelled
and graded condition.
Penalty
9.13
An owner who fails to comply with an order that is final and binding under this by-law is
guilty of an offence under section 36(1) of the Building Code Act, S.O. 1992, c.23, and is
liable to a penalty or penalties as set out in section 36 of that Act.
Validity
9.14
Should any section, clause or provision of this By-law be held by a court of competent
jurisdiction to be invalid, the validity of the remainder of the By-law shall not be affected.
9.15
Where a provision of this by-law conflicts with the provision of another by-law in force within
the municipality, the provisions that establish the higher standards to protect the health,
safety and welfare of the general public shall prevail.
Transitional Rules
9.16
After the date of the passing this by-law, By-Law No. 99-09, as amended, shall apply
only to those properties in which an Order to Comply has been issued prior to the date of
passing of this by-law, and then only to such properties until such time as the work
required by such Order has been completed or any enforcement proceedings with
respect to such Order, including any demolition, clearance, or repair carried out by the
municipality shall have been concluded.
Part X
Repeal of By-Law No. 99-09; 2001-31; 2004-80; 2015-62
10.01 By-laws 99-09, 2001-31, 2004-80 and 2015-62 are hereby repealed upon the
completion of all outstanding order issued pursuant to said By-Laws.
This By-law comes into force and takes effect on the final passing.
Read a first, second, and third time and finally passed this 13th day of September, 2018.
___________________________
_________________________
Bernie Wiehle
Genevieve Scharback
Mayor
CAO / Clerk